alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Arthur Lee AVERY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-2652

District Court of Appeal of Florida, Fifth District.

Decision filed December 26, 2018

James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

WALLIS, LAMBERT and HARRIS, JJ., concur.
EXHIBIT 10.2



 Exhibit 10.2 
  
 FIRST AMENDMENT TO THE 
  
 CORNERSTONE REALTY INCOME TRUST, INC. 
  
 1992 INCENTIVE PLAN  
  
 AMENDED AND RESTATED EFFECTIVE JULY 1, 2002 
  
 This FIRST AMENDMENT is dated as of May 25, 2004, to the Cornerstone Realty Income Trust, Inc. 1992 Incentive Plan amended and restated effective July 1, 2002 (the
“Plan”) by Cornerstone Realty Income Trust, Inc. (the “Company”). 
  
 The Company maintains the Plan. The Company’s Board of Directors has the authority under Plan Section 11 to amend the Plan and now wishes to do so. 
  
 NOW, THEREFORE, the Plan is amended as follows: 
  
 I. Plan Section 11 is hereby deleted and replaced in its entirety by the following: 
  
 11. Termination, Modification, Change. If not sooner terminated by the Board, this Plan, as amended and restated,
shall terminate at the close of business on July 1, 2012. No Incentive Awards shall be made under the Plan after its termination. The Board may terminate the Plan or may amend the Plan in such respects as it shall deem advisable; provided that, if
and to the extent required by Rule 16b-3, no change shall be made that increases the total number of shares of Company Stock reserved for issuance pursuant to Incentive Awards granted under the Plan (except pursuant to Section 12), materially
modifies the requirements as to eligibility for participation in the Plan, or materially increases the benefits accruing to Participants under the Plan, unless such change is authorized by the shareholders of the Company. Notwithstanding the
foregoing, the Board may unilaterally amend the Plan and Incentive Awards as it deems appropriate to ensure compliance with Rule 16b-3. Except as provided in the preceding sentence, a termination or amendment of the Plan shall not, without the
consent of the Participant, adversely affect the Participant’s rights under an Incentive Award previously granted to him. 
  
 II. This Amendment shall be effective as of May 25, 2004. 
  
 III. In all respects not amended, the Plan is hereby ratified and confirmed. 
  
 To record the adoption of the Amendment as set forth above, the Company has caused this document to be signed as of the 25th day of May, 2004. 
  

			
	CORNERSTONE REALTY INCOME TRUST, INC.
		
	By:	 	 /s/ Glade M. Knight


	 	 	     Glade M. Knight.
	 	 	Chief Executive Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ESTEBAN C. HURTADO,

Plaintiff-Appellant,

 v.

NANCY A. BERRYHILL, Acting

Commissioner of Social Security,

Defendant-Appellee.

No. 17-55845

D.C. No. 5:16-cv-00876-AS

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Alka Sagar, Magistrate Judge, Presiding

Submitted January 29, 2019** 

Before: TROTT, SILVERMAN, and TALLMAN, Circuit Judges:

Esteban Hurtado appeals the district court’s order affirming the Social

Security Administration’s denial of his applications for Social Security and

Supplemental Security Income disability benefits. We have jurisdiction pursuant

FILED

JAN 30 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
to 28 U.S.C. § 1291. We review the district court’s order de novo and the agency’s

decision for substantial evidence and legal error. Stacy v. Colvin, 825 F.3d 563,

569 (9th Cir. 2016). 

Hurtado argues that he had a “composite job” of file clerk and courier and

that the ALJ violated Valencia v. Heckler, 751 F.2d 1082 (9th Cir. 1985). These

arguments were not raised before the agency, and were presented for the first time

in district court. Hurtado, who was represented by counsel at his administrative

hearing, conceded that he worked as a file clerk and performed file clerk duties. 

Because Hurtado did not raise either issue, present any evidence, or challenge the

vocational expert’s testimony at the administrative hearing, those arguments are

forfeited. See Shaibi v. Berryhill, 883 F.3d 1102, 1109-10 (9th Cir. 2017); Meanel

v. Apfel, 172 F.3d 1111, 1115 (9th Cir. 1999). 

AFFIRMED. 

2
##### 



Exhibit 32
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
     /s/ Kathleen LigockiKathleen LigockiPresident and Chief Executive Officer/s/ James A. MallakJames A. MallakChief Financial Officer
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 649 Introduced in House (IH)]

113th CONGRESS
  2d Session
H. RES. 649

    Directing the Secretary of Defense to transmit to the House of 
     Representatives copies of any emails in the possession of the 
    Department of Defense or the National Security Agency that were 
transmitted to or from the email account(s) of former Internal Revenue 
  Service Exempt Organizations Division Director Lois Lerner between 
                      January 2009 and April 2011.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2014

Mr. Stockman submitted the following resolution; which was referred to 
                    the Committee on Armed Services

_______________________________________________________________________

                               RESOLUTION

 
    Directing the Secretary of Defense to transmit to the House of 
     Representatives copies of any emails in the possession of the 
    Department of Defense or the National Security Agency that were 
transmitted to or from the email account(s) of former Internal Revenue 
  Service Exempt Organizations Division Director Lois Lerner between 
                      January 2009 and April 2011.

    Resolved, That the House of Representatives direct the Secretary of 
Defense to transmit to the House of Representatives, no later than 14 
days after the date of the adoption of this resolution, copies of any 
electronic communication in the possession of the Secretary, the 
Director of the National Security Agency, or any office that reports to 
the Secretary or the Director that was transmitted to or from any 
electronic mail account(s) used by former Internal Revenue Service 
Exempt Organizations Division Director Lois Lerner at any time between 
January 1, 2009, and April 30, 2011.
                                 <all>
```
# Third District Court of Appeal

State of Florida

Opinion filed October 4, 2017.

________________

No. 3D16-2813

Lower Tribunal No. 16-502

________________



### A.P., a juvenile

, Appellant,

vs.



### The State of Florida

, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Maria De Jesus

Santovenia

, Judge.

Carlos J. Martinez, Public Defender, and Susan S. Lerner

, Assistant Public

Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Marlon J. Weiss

, Assistant

Attorney General, for appellee.

Before LOGUE, LUCK and LINDSEY, JJ.

ON CONFESSION OF ERRORPER CURIAM.

Based on the state’s proper confession of error, with which we agree, we

reverse the part of the trial court’s order withholding adjudication of delinquency,

and placing A.P. on probation, for grand theft and burglary of an unoccupied

conveyance, and remand for entry of judgment of dismissal as to these charges.

See

J.E.P. v. State

, 561 So. 2d 10, 11 (Fla. 3d DCA 1990) (reversing adjudication of

delinquency where “[t]here is insufficient evidence to establish that the van J.E.P.

was attempting to jump-start was the same van charged in the information”); C.O.

v. State

, 557 So. 2d 637, 638 (Fla. 3d DCA 1990) (reversing adjudication of

delinquency where “[t]here is no evidence establishing that the white 1985 Toyota

Camry stolen from Ms. Dixon at the 163rd Street shopping center on January 14th

was the same vehicle as the white, four door car which Mr. August observed C.O.

driving at 7742 N.W. 5th Court on January 15th”); J.G. v. State

, 539 So. 2d 39, 40

(Fla. 3d DCA 1989) (“We reverse J.G.’s adjudications of delinquency and remand

the cause to the trial court with directions to enter judgments of acquittal based

upon the state’s failure to establish ownership of the automobile which J.G. was

charged with burglarizing and failure to establish ownership of the automobile

parts which J.G. was charged with stealing.”); C.B. v. State

, 519 So. 2d 686, 687

(Fla. 3d DCA 1988) (“[T]he motion for a judgment of acquittal should have been

2granted because the evidence as to proof of ownership of the automobile which the

appellant was charged with attempting to burglarize was woefully deficient to

support the finding that the appellant had committed such attempted burglary.”).

A.P. does not appeal, and the state does not confess error as to, the part of the trial

court’s order withholding adjudication of delinquency and placing him on

probation for resisting a law enforcement officer without violence. That part of the

trial court’s order stands as unaffected by this appeal.

Reversed and remanded with instructions.

3
Huslander Verily PETIT-HOMME, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-35

District Court of Appeal of Florida, Second District.

Opinion filed December 5, 2018

Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Linsey Sims-Bohnenstiehl, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

CASANUEVA, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.
IV 

113TH CONGRESS 

2D SESSION H. RES. 613 

Commemorating the centennial of Webster University. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2014 

Mrs. WAGNER (for herself and Mr. CLAY) submitted the following resolution; 

which was referred to the Committee on Education and the Workforce 

RESOLUTION 

Commemorating the centennial of Webster University. 

Whereas in 1915, the Sisters of Loretto established Webster 

University in Saint Louis, Missouri, as one of the first 

Catholic colleges for women that is located west of the 

Mississippi River; 

Whereas Webster University has campuses in 8 different 

countries, introducing people in Europe, Asia, and Africa 

to United States educational programs, helping to spread 

United States culture and ideas around the globe, and 

serving the educational needs of people abroad; 

Whereas in 1974, Webster University became one of the first 

universities in the United States to operate on a military 

base; 

Whereas in 2014, Webster University is located on military 

bases across the country, serving all branches of the miliVerDate Mar 15 2010 03:15 Jun 10, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR613.IH HR613

tjames on DSK6SPTVN1PROD with BILLS
2 

•HRES 613 IH 

tary and directly helping more than 7,700 students who 

are active members of the Armed Forces, veterans, or direct relatives of individuals with military connections; 

Whereas Webster University has been a leader in online education since 1999, and more than 9,000 students are taking courses in the Webster University Online Learning 

Center, a program that provides quality higher education 

to students who have access to the Internet and are residing anywhere in the world; 

Whereas since 1915, Webster University has conferred more 

than 184,000 degrees at campuses around the world, including nearly 80,000 degrees in the greater Saint Louis 

area, demonstrating a local commitment and offering a 

global education; 

Whereas Webster University has a diverse student body and 

is routinely lauded by organizations working on diversity 

issues; 

Whereas Webster University is the alma mater of more than 

160,000 proud alumni; and 

Whereas the quality of Webster University as an institution 

of higher learning is a reflection of the extraordinary caliber of its educational professionals and students: Now, 

therefore, be it 

1 Resolved, That the House of Representatives recog2 nizes and extends congratulations to the educational pro3 fessionals, students, and alumni of Webster University for 

4 100 years of excellence in higher education. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
Exhibit  23.d





CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference of our report dated May 30, 2012, relating to the financial statements of Master Sistemas Automotivos Ltda. as of December 31, 2011 and for the years ended December 31, 2011 and 2010 (which report expresses an unqualified opinion), appearing in Item 15 of Amendment No. 1 to the Annual Report on Form 10-K of Meritor, Inc. for the year ended September 30, 2012 in the following Registration Statements:





FormRegistration No.PurposeS-3333-179405Registration of common stock, preferred  stock, warrants and guarantees of debt securitiesS-8333-171713Amended 2010 Long-Term Incentive PlanS-8333-1643332010 Long-Term Incentive PlanS-3333-163233Registration of common stock, preferred stock, warrants and guarantees of debt securitiesS-8333-1411862007 Long-Term Incentive PlanS-3333-143615Registration of convertible notes, guarantees and common stockS-3333-134409Registration of convertible notes,                                              guarantees and common stockS-8333-107913Meritor, Inc. Savings PlanS-8333-123103Meritor, Inc. Hourly Employees Savings PlanS-3333-58760Registration of debt securitiesS-8333-496101997 Long-Term Incentives PlanS-3333-43118Meritor, Inc. 1988 Stock Benefit PlanS-3333-43116Meritor, Inc. 1998 Stock Benefit PlanS-3333-43112Meritor, Inc. Employee Stock Benefit PlanS-8333-42012Employee Stock Benefit Plan, 1988 Stock Benefit Plan and 1998 Employee Stock Benefit Plan





/s/ Deloitte Touche Tohmatsu


Deloitte Touche Tohmatsu Auditores Independentes


Porto Alegre, Brazil


May 3, 2013
exv10w2






Exhibit 10.2




FIRST AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT




     This First Amendment to Executive Employment Agreement (this “First Amendment”) is made and
entered into as of the 19th day of June, 2008, by and between Philip A. Pendergraft, a
resident of the state of Texas (“Executive”), and Penson Worldwide, Inc., a Delaware corporation
(the “Company”).



RECITALS




     WHEREAS, Executive and the Company are parties to that certain Executive Employment Agreement,
dated April 21, 2006 (the “Employment Agreement”); and



     WHEREAS, Executive and Company desire now to amend the Employment Agreement as set forth
herein.



     NOW, THEREFORE, in consideration of the premises herein and in reliance on the covenants and
agreements hereinafter set forth and subject to the terms and conditions contained herein,
Executive and the Company agree as follows:



AGREEMENTS




I. DEFINED TERMS.




     Capitalized terms used but not defined herein shall have the meanings afforded such terms in
the Employment Agreement.



II. AMENDMENT.




     The introductory paragraph to Section III.B. of the Agreement is hereby amended in its
entirety to read as follows:




     Annual Bonus Compensation Opportunities. As a performance and retention
incentive, Executive shall be eligible to earn an annual bonus award. The terms
and conditions of each such annual bonus award opportunity shall be provided in
writing to Executive not later than January 31 of each calendar year for that
calendar year and shall be attached to this Agreement each year as Attachment 1;
provided, that the foregoing sentence shall not be applicable to any annual bonus
opportunity for Executive determined by the Compensation Committee on or prior to
June 30, 2008, for the 2008 calendar year or any portion thereof. However, the
following will apply to each annual bonus award opportunity made available to
Executive during Executive’s employment with Employer.



 









 





III. NO OTHER AMENDMENTS.




     Except as expressly herein amended, the Employment Agreement shall continue in full force and
effect in accordance with its terms.



[SIGNATURE PAGE FOLLOWS]




2









 








IN WITNESS WHEREOF, the Company and Executive have executed this Amendment to be effective as of

the date first set forth above.




	 	 	 	 	 
	 	THE COMPANY





Penson Worldwide, Inc.

 	 
	 	By:  	/s/ David Johnson
 	 
	 	 	Name:  	David  Johnson 	 
	 	 	Title:  	Chairman, Compensation Committee

Board of Directors 	 
	 



	 	 	 	 	 
	 	EXECUTIVE

 	 
	 	  /s/ Philip A. Pendergraft
 	 
	 	Name:  	Philip A. Pendergraft 	 
	 	 	 
	 




3
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General        September 8, 2023        Washington State Floods - Media and Contacts

General        August 1, 2023        22-32. New constraints on past great earthquakes, submarine landslides, floods, and storms from sediment cores and contextual data
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 490 Introduced in House (IH)]

113th CONGRESS
  2d Session
H. RES. 490

Providing for the consideration of the bill (H.R. 3546) to provide for 
the extension of certain unemployment benefits, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2014

Mr. Schneider submitted the following resolution; which was referred to 
                         the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
Providing for the consideration of the bill (H.R. 3546) to provide for 
the extension of certain unemployment benefits, and for other purposes.

    Resolved, That immediately upon adoption of this resolution the 
Speaker shall, pursuant to clause 2(b) of rule XVIII, declare the House 
resolved into the Committee of the Whole House on the state of the 
Union for consideration of the bill (H.R. 3546) to provide for the 
extension of certain unemployment benefits, and for other purposes. The 
first reading of the bill shall be dispensed with. All points of order 
against consideration of the bill are waived. General debate shall be 
confined to the bill and shall not exceed one hour equally divided and 
controlled by the chair and ranking minority member of the Committee on 
Ways and Means. After general debate the bill shall be considered for 
amendment under the five-minute rule. All points of order against 
provisions in the bill are waived. At the conclusion of consideration 
of the bill for amendment the Committee shall rise and report the bill 
to the House with such amendments as may have been adopted. The 
previous question shall be considered as ordered on the bill and 
amendments thereto to final passage without intervening motion except 
one motion to recommit with or without instructions. If the Committee 
of the Whole rises and reports that it has come to no resolution on the 
bill, then on the next legislative day the House shall, immediately 
after the third daily order of business under clause 1 of rule XIV, 
resolve into the Committee of the Whole for further consideration of 
the bill.
    Sec. 2.  Clause 1(c) of rule XIX shall not apply to the 
consideration of H.R. 3546.
                                 <all>
```
Order entered March 5 , 2013

In The



## Court of Appeals

**Fifth District of Texas at Dallas**

No. 05

- 12

- 00422

- CR

AUSTIN MICHAEL BRUMLEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 401st Judicial District Court

Collin County, Texas

Trial Court Cause No. 401

- 81289

- 2011



### O RDER

The Court REINSTATE S the appeal.

On January 23, 2013, we ordered the trial court to make findings regarding why

appellant’s brief ha d not been filed. On February 28, 2013, we received appellant’s brief,

together wi th an extension motion. Therefore, in the interest of expediting the appeal, we

VACATE t he January 23, 2013 order requiring findings.

We GRANT the February 28, 2013 extension motion and ORDER appellant’s brief filed

as of the date of this order.

/s/ CA ROLYN WRIGHT

CHIEF JUSTICE